The Specialized Relevance Rules Flashcards
Evidence governed by the specialized relevance rules is _______ as a matter of ________.
1) inadmissible;
2) public policy
FRE 407: Subsequent remedies
To encourage remedies is the main ground for exclusion, as compared to the weak probative value of subsequent remedies.
Inadmissible to show - Culpability and Product Defects.
Admissible – to show feasibility or to impeach.
What would occur under FRE 407, if a party claimed that it could not have been implemented in a safer way, but then they placed a subsequent remedial measure there?
The court would likely allow it to be admissible under FRE 407 because it shows feasibility that it could be done or to impeach the prior testimony.
FRE 408: Compromise
Evidence that a party offered to or did compromise a claim and all surrounding statements made during settlement negotiations are not admissible to show the amount or validity of a disputed claim or impeachment by a prior inconsistent statement.
When does FRE 408 - Compromise apply?
1) when a plaintiff wants to show that a defendant offered to settle a claim as means of proving liability or amount of damages.
2) When a defendant wants to show that a plaintiff offered to settle a claim to show their claim is invalid.
3( When a plaintiff wants to offer that a defendant settled with a similarly-situated third-party as a means to show liability or amount of damages.
Is FRE 408 - Compromise admissible to impeach?
No, allowing the use of an effective admission of negligence in settlement negotiations to impeach a denial of negligence at trial would tend to swallow the exclusionary rule and impair the public policy of promoting settlements.
Does FRE 408 allow admission to show bias?
Yes, evidence of compromise may be used to show the bias of a third party who settled a claim with the defendant and is now testifying against the plaintiff.
FRE 409 - Medical Expenses
409 prohibits offers to pay or actually paying medical expenses resulting from an injury to be introduced as evidence.
How does Rule 409 vary from 407 and 408?
It excludes only the offer to pay medical expenses, not the surrounding statements.
